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Top Environmental Issues to Watch When Congress Returns

Here’s
a list of some top environmental and energy-related news stories to watch when Congress
returns from summer recess Sept. 6 and Washington D.C. kicks into full gear.

Clean
Power Plan Litigation Heads to Court. The full U.S. Court of Appeals for the District
of Columbia Circuit will hear argument Sept. 27 over the EPA’s Clean Power
Plan, the backbone of President Obama’s domestic efforts to address climate
change. The court will hear more than three hours of argument on issues such as
whether the rule impermissibly forces utilities to shift from coal-fired
generation to cleaner alternatives, constitutional challenges to the rule and
whether the EPA is barred from regulating carbon dioxide from power plants
since it has already regulated their toxic emissions. Andrew Childers will cover the news every
step of the way.

Environment
Riders Loom Over Appropriations Process. Federal appropriations will expire Oct. 1,
and lawmakers are poised to pass a stopgap funding bill to authorize spending
beyond the November election. Dozens of environmental riders torpedoed
Democratic support for Interior Department and EPA legislation during the
summer appropriations process, and those proposals, such as a Clean Power Plan
block, are sure to emerge during the scramble for longer-term fiscal year 2017
funding. Senate Minority Leader Harry Reid (D-Nev.) recently said the stopgap
can’t extend into the 2017 calendar year, setting the stage for a December
fight over President Obama’s environmental platform. Brian Dabbs is the one to watch for
the story.

EPA’s
Implementation of Amended TSCA. The EPA’s Office of Pollution Prevention and
Toxics will work to propose four rules in December. Those rules will propose: an
approach to determine what chemicals are actively in commerce; a strategy to
prioritize chemicals as to whether they are low or high priorities for risk
evaluations; ways the agency will evaluate health and ecological risks; and fees
that companies would pay the agency to help it recoup some of the costs
expended on reviewing their products. Pat
Rizzuto is all over it.

Zika
Emergency Funding. When
Congress left for its summer recess, it failed to pass a nearly $1.9 billion
emergency funding package that the president had requested to fund the
government’s response to the ongoing Zika virus outbreak. If Congress does
approve the president’s request, there may be more funding for the development
of new mosquito-killing insecticides. David Schultz will have the story.

Flint
Awaits Congressional Funding Decisions. Flint, the Michigan city of 100,000 that has been
mired in a lead-contaminated water crisis, still hasn’t been appropriated
recovery funds from Congress. The money has been a contentious issue since
early 2016, when conflict over it held up a major energy bill in the Senate.
The latest vehicle for the funds is the water resources bill, but it’s TBD
whether it will make it into the final bill. Rachel Leven is covering.

EPA Regulation on Infrastructure Finance Program Coming.
The
EPA is expected to finalize rule in October to begin implementing the Water Infrastructure
Finance and Innovation Authority. The
program would allow water utilities, including the one in Flint, to obtain
Treasury-backed credit to secure loans for infrastructure projects worth at
least $20 million. Amena Saiyid
is reporting.

Energy Bill Negotiations Head
Into Home Stretch. House
and Senate negotiators seeking to hammer out the differences between the two
chamber’s energy bills (H.R. 8, S. 2012) have until the end of the congressional
session to finish their work. While both bills would expedite the Energy
Department’s approval process for natural gas exports, broad differences remain
on issues related to the Land and Water Conservation Fund, California drought
legislation, and federal efforts to prevent and fight forest fires. Ari Natter is the one to watch for this
story.

Volkswagen Settlement
Heads Toward Approval. A federal district court in San Francisco is scheduled to
hold an Oct. 8 final approval hearing on a $14.7 billion settlement in the
Volkswagen emissions scandal. Owners of affected diesel vehicles will be able
to sell their cars back to the automaker soon after approval is granted. Patrick Ambrosio will have the news.

Water
Resources Development Act of 2016 to Get Big Push. Senate and House
committees approved two very different versions of a bill to authorize water
infrastructure projects. The Senate included much aid for drinking water and
wastewater systems. Supporters of the legislation will try to get a version
passed and sent to the White House in September. Alan Kovski is on it.

EPA
Implementation of Amended Toxics Law Challenged. A number of EPA deadlines
for rulemaking are being closely watched by industry and environmental groups
as they see how the EPA will prioritize, evaluate and manage chemical risks.
Lawsuits and advocacy around EPA decisions are inevitable. Steve Gibb is watching.

Arguments Over Clean Water
Rule Lawsuit Begin. Litigation over the waters of the U.S.
(WOTUS) rule clarifying Clean Water Act jurisdiction heats up in the U.S. Court
of Appeals for the Sixth Circuit this fall. State, business
and municipal, and association challengers file briefs Sept. 30, arguing why
the clean water rule is illegal. The EPA and the corps have until Nov. 30 to
defend the rulemaking. Amena Saiyid
will have the story.

Terminix
Legal Troubles. Pest control company Terminix has been unable to resolve a
criminal case brought against it after the fumigation poisoning of a
vacationing family in the Virgin Islands. Though it has reached agreements with
prosecutors to pay $10 million in fines, the judge in the case has refused to
approve of these agreements. If the company can’t come to an agreement the judge
will approve, the case will be going to a jury trial early next month. David Schultz will have the news.

And Then There Were Three FERC Commissioners. The Federal Energy
Regulatory Commission will be down to three commissioners, who are all
Democrats, early this fall after the lone Republican Commissioner Tony Clark
leaves the agency. This will be the first time there will be an all Democrat
panel. At full staffing, it is a five-member panel with a majority from the
party in power. It will likely stay at three members until a new administration
takes over next year. Rebecca Kern
is following.

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